1. Both the Second Appeals are being disposed of by this common Judgement in as much as they arise out of common Judgement rendered by the First Appellate Court in two inter connected Appeals (R.C.A. No.107 of 1981 and R.C.A. No.223 of 1981).

2. Unfortunately no substantial question of law was formulated at the time of admission of the Appeals nor any substantial question of law is indicated in the Appeal Memo of either Appeal. The Apex Court in "B.C. Shivashankara v/s. B.R. Nagaraj (2007 AIR SCW 1588) observed: "Sub-section (5) of Section 100 is applicable only when any substantial question of law has already been formulated and it empowers the High Court to hear, for reasons to be recorded, the appeal on any other substantial question of law. The expression ’on any other substantial question of law’ clearly shows that there must be some substantial question of law already formulated and then only another substantial question of law which was not formulated earlier can be taken up by the High Court for reasons to be recorded, if it is of the view that the case involves such question."

3. In view of limited scope available under sub-section (5) of Section 100 of the Code o